Peter de Graaf
Specialised in :
Companies in financial distress and Enterprise and business
Call Peter at:
+31(0)10 209 27 63 or +31 (0)6 22 96 94 15
Education
2008: Erasmus University Rotterdam. Masters in Business Law and Law, major: private law.
2017: Grotius Academy. Specialization course in Insolvency Law.
2021: Erasmus University Rotterdam. Financial Economics for Insolvency Lawyers.
Lawyer at LVH
Since 2009.
Function and facts
Peter focuses on corporate law, with an emphasis on insolvency law. He is regularly appointed by the Rotterdam District Court as trustee in bankruptcy. Acts for his clients as an encyclopaedia of thorough knowledge, someone who keeps his promises and presents practical solutions.
Expertise
Companies in financial distress and Enterprise and business
Competences
His knowledge and experience as a trustee enables him to quickly and effectively advise in cases where the continuity of a company is at stake and difficult decisions have to be made under time pressure. Peter also has the expertise to make an appropriate assessment of how a trustee will look at a matter, something that is highly appreciated by his clients.
Registration of legal areas
In accordance with Article 35b(1) of the Legal Profession Regulations Peter has registered the following legal areas in the register of legal areas of the Netherlands Bar: business law and insolvency law. According to the standards of the Netherlands Bar the registration obliges him to obtain ten training credits per year in each of the registered legal areas.
Personal characteristics
Empathic, patience and sincere.
Memberships / secondary activities
- Insolvency Lawyers Association (INSOLAD)
- Business Network Rijnmond
Articles
Can a cash payment made after the bankruptcy date be reclaimed?
Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.
Rejection of homologation request WHOA agreement
The Homologation Underhand Arrangement Act (WHOA) went into effect on January 1, 2021. In the meantime, a substantial number of rulings have been issued on it. It remains to be seen how practice will develop and whether it can be said whether the introduction of the Act has been a success. To date, the number of (published) granted homologation requests is still relatively small.
Is interest on a rental debt also a debt of the estate?
On 24 December 2021, the Supreme Court ruled on the question of whether statutory or contractual default interest on rent owed as an estate debt is an estate debt.
